BNS §202
Public servant unlawfully engaging in trade
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Comparison
168. Public servant unlawfully engaging in trade.—Whoever, being a public servant, and being legally bound as such public servant not to engage in trade, engages in trade, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
Whoever, being a public servant, and being legally bound as such public servant not to engage in trade, engages in trade, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both or with community service.
What changedAI-inferred
IPC 168 (public servant being legally bound not to engage in trade and engaging in trade; punishment: simple imprisonment up to 1 year, fine, or both) is preserved as BNS 202 with one punishment expansion: 'or with community service' is added as an alternative. The actus reus and the imprisonment ceiling are preserved character-identically. The community-service addition mirrors the broader BNS pattern of punishment-set expansion (cf. IPC 53 → BNS 4 community-service addition; IPC 66/67 → BNS 8(4)/(5) community-service extension to the in-default-of-fine context).
Old position
IPC 168 is concerned with Public servant unlawfully engaging in trade. Public servant unlawfully engaging in trade
New position
BNS 202 modifies the framework. Topic: Public servant unlawfully engaging in trade. Whoever, being a public servant, and being legally bound as such public servant not to engage in trade, engages in trade, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both or
IPC 168 (public servant being legally bound not to engage in trade and engaging in trade; punishment: simple imprisonment up to 1 year, fine, or both) is preserved as BNS 202 with one punishment expansion: 'or with community service' is added as an alternative. The actus reus and the imprisonment...
Editorial deltaAI-indicated (source-linked)
BNS 202 carries forward IPC 168's framework on public servants unlawfully engaging in trade. The visible operative delta is the addition of 'community service' as a punishment alternative alongside simple imprisonment up to one year, fine, or both - mirroring the BNS 4(f) introduction of community service as a punishment category.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IPC 168 continues to apply. For matters from that date forward, BNS 202 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNS 202 (Public servant unlawfully engaging in trade). The relationship is classified as modified — see the change-note above for the textual delta.
Sources
- India Code — Indian Penal Code, 1860
- Gazette of India — Bharatiya Nyaya Sanhita, 2023
Cite this page
Newlaws.in, IPC §168 → BNS §202 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bns/202.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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